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LEOSA and Armed Security Guards

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  • moparfan
    replied
    http://www.hr218.org/
    § 926B. Carrying of concealed firearms by qualified law enforcement officers

    (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). Are you qualified by the state your in or federal department/agency you work for? Yes than you are a QLEO. All states and federal departments/agency state who is and who is not a LEO.

    (b) This section shall not be construed to supersede or limit the laws of any State that--

    (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

    (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

    (c) As used in this section, the term "qualified law enforcement officer" means an employee of a governmental agency who--

    (1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

    (2) is authorized by the agency to carry a firearm;

    (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

    (4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

    (5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    (6) is not prohibited by Federal law from receiving a firearm.

    (d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.
    My ID say Deputy Sheriff; however, in CA 830.1 of the PC states I'm a peace officer for the state of CA period. 830-832.17 defines who are peace officers and their powers therein. We all know there is no difference with the title of police officer deputy sheriff trooper or constable.

    if the DA outlines the same for DASG then sure they are covered if not then they are not.

    Leave a comment:


  • moparfan
    replied
    Originally posted by SkyBehind View Post
    Having a take-home weapon isn't a factor. Active Duty Military Police can't take home but they will be covered.
    never said having a take home weapon was a factor. if you read what I typed it is an example of what my department does with OUR ARMED SECURITY OFFICERS. They have the same functions as DASG, from what I've read. If they come across something they hand it over to a SWORN Deputy

    Leave a comment:


  • SkyBehind
    replied
    I want to play too! Mine says State Constable and my title is "Constable". Do I qualify?

    Leave a comment:


  • rebel1916
    replied
    Originally posted by tanksoldier View Post
    Mine says "Deputy Sheriff". I guess I'm not covered.

    A Coast Guard Petty Officer's ID certainly doesn't say "police" or "law enforcement officer" so I guess they're not covered either.

    Oh, wait... yes they are. Hmmm....
    Deputy IS your title. Just as in my state CO = LEO.

    Leave a comment:


  • tanksoldier
    replied
    Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.
    Mine says "Deputy Sheriff". I guess I'm not covered.

    A Coast Guard Petty Officer's ID certainly doesn't say "police" or "law enforcement officer" so I guess they're not covered either.

    Oh, wait... yes they are. Hmmm....

    Leave a comment:


  • Iowa #1603
    replied
    In 18 USC § 926B(c),[10] "qualified law enforcement officer" is defined as an employee of a governmental agency who:

    is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

    is authorized by the agency to carry a firearm;

    is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

    meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

    is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    is not prohibited by Federal law from receiving a firearm.

    Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

    Leave a comment:


  • tanksoldier
    replied
    My understanding of is that you need to have the title of Police Officer or Law Enforcement Officer on an ID or title period
    False.
    Last edited by tanksoldier; 09-13-2014, 05:17 PM.

    Leave a comment:


  • rebel1916
    replied
    Originally posted by moparfan View Post
    When in doubt ask the folks that control what you can and can't do. My understanding of is that you need to have the title of Police Officer or Law Enforcement Officer on an ID or title period. If your Official Title is Security Officer then no you would not qualify. My department has Security Officers that have a similar role as to what the OP posted BUT those powers are only while they are on duty and they must lock and secure their weapons prior to going home and a few other rules.
    My ID says Corrections Officer and I am covered. I happen to have broad powers both on and off duty, but that is not necessary. All that is needed is to have statutory arrest powers. Even if those powers are only to arrest clowns on the leap day. This is why Pa Sheriffs Deputies are not covered, their arrest powers are derived from common law.

    Leave a comment:


  • SkyBehind
    replied
    Originally posted by moparfan View Post
    When in doubt ask the folks that control what you can and can't do. My understanding of is that you need to have the title of Police Officer or Law Enforcement Officer on an ID or title period. If your Official Title is Security Officer then no you would not qualify. My department has Security Officers that have a similar role as to what the OP posted BUT those powers are only while they are on duty and they must lock and secure their weapons prior to going home and a few other rules.
    Having a take-home weapon isn't a factor. Active Duty Military Police can't take home but they will be covered.

    Leave a comment:


  • moparfan
    replied
    When in doubt ask the folks that control what you can and can't do. My understanding of is that you need to have the title of Police Officer or Law Enforcement Officer on an ID or title period. If your Official Title is Security Officer then no you would not qualify. My department has Security Officers that have a similar role as to what the OP posted BUT those powers are only while they are on duty and they must lock and secure their weapons prior to going home and a few other rules.

    Leave a comment:


  • Bearcat06
    replied
    DACP's are covered......and USAF/USA are in the process of coming up with not only "Creds" for them....but they are also coming up with "Creds" for Active Duty LEOs and Retired Military LEOs... as they all fall under 214.

    DASG's aren't covered under 214......nor will they when Creds start coming out.....

    Leave a comment:


  • AtlCop
    replied
    You have most of the standards listed..

    You left out:
    1. Has to be a GOVERNMENT employee (Private police agencies do not qualify - Amtrak is exempted.)
    2. Can not be barred from ownership/possession of a weapon by federal law.
    3. Have ID from your agency that says you are employed as a "police officer" or "law enforcement officer."


    If you meet *ALL* of the qualifications listed, you most certainly are qualified to carry under LEOSA. The biggest barrier is probably the photo ID that says police or law enforcement officer.

    I got into a heated discussion here a few years ago about whether or not "Special Police" in Washington DC could carry off-duty. People argued that because they were "special," they could not carry... Yet they conceded they met all the definitions under the law.

    You will have people that will tell you that you are wrong... and probably that I am wrong. However, unless the code section expressly prohibits something, it is not illegal.

    DISCLAIMER:I am certainly not an attorney and nothing I say should be construed as legal advice. Consult an attorney if you want a legal opinion.

    Leave a comment:


  • ryan.shuler11b
    replied
    Originally posted by tanksoldier View Post

    It depends on whether what you cited is a statute... a law passed by a legislature and signed by an executive authority.
    What I quoted was AR 190-56 which governs DACP/SG. Though I believe because they are under UCMJ their power to apprehend comes from Article 7. So if I fallowed this correctly because UCMJ was enacted by congress DACP/SG would fall under the LEOSA?

    Leave a comment:


  • tanksoldier
    replied
    A publicly employed security guard who has STATUTORY powers of arrest or apprehension WOULD qualify under LEOSA. In Colorado there are several types of security guard who have this authority: mental hospital guards and some college campus security for example. Don't know if their agencies let them carry.

    It depends on whether what you cited is a statute... a law passed by a legislature and signed by an executive authority.

    Military commissioned, warrant, non-commissioned and petty officers technically qualify. It's a little known fact that military general and flag officers have always had the authority to carry issued sidearms.
    Last edited by tanksoldier; 09-12-2014, 10:38 AM.

    Leave a comment:


  • ryan.shuler11b
    started a topic LEOSA and Armed Security Guards

    LEOSA and Armed Security Guards

    According to the LEOSA these are the standards:



    is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

    is authorized by the agency to carry a firearm;

    is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

    meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

    is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    is not prohibited by Federal law from receiving a firearm.
    -------------------------------------------------------------------
    Now the Department of Army Civilian police and Security Guards list this under their Authority:


    5-2. Authority

    a. The DACP/SGs performing law enforcement and security duties authorized by the installation or activity commander are limited in the execution of this authority to the installation boundaries. They can apprehend any persons found on the installation or activity for offenses committed on post that are felonies, misdemeanors, breaches of the peace, a threat to property or welfare, or detrimental to good order and discipline. Such apprehension authority is limited to issuing citations and turning the subject over to the appropriate civilian or military authorities.
    -----------------------------------------------------------------
    Seeing as their Security Guards must qualify with their weapon annually and "they can apprehend any persons found on the installation or activity for offenses committed on post that are felonies, misdemeanors, breaches of the peace, a threat to property or welfare, or detrimental to good order and discipline. Such apprehension authority is limited to issuing citations and turning the subject over to the appropriate civilian or military authorities.". Would this mean they fall under the LEOSA since they have apprehension authorities under UCMJ and are issued and qualify with their individual weapon?

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